BILL NUMBER: AB 341	CHAPTERED  09/03/99

	CHAPTER   318
	FILED WITH SECRETARY OF STATE   SEPTEMBER 3, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 3, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN SENATE   JUNE 21, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999

INTRODUCED BY   Assembly Member Cox

                        FEBRUARY 11, 1999

   An act to amend Sections 6980.18, 6980.42, 7503.1, 7506.5, 7525.1,
7582.7, 7583.9, 7593.1, and 7598.4 of the Business and Professions
Code, relating to professions and vocations, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 341, Cox.  Professions and vocations:  background checks.
   Existing law regulating private patrol operators requires any
employee who performs the function of a security guard who is not
currently registered with the Bureau of Security and Investigative
Services to submit an application, 2 classifiable fingerprint forms,
and the appropriate registration fee.  Existing law provides that the
fee for processing fingerprints for all registrations and licenses
is that amount charged the bureau by the Department of Justice.
   This bill would specify that the 2 existing fingerprint cards be
submitted to the Department of Justice with one classifiable
fingerprint card to be forwarded to the Federal Bureau of
Investigation.  The bill would exempt from certain of these
requirements currently employed full-time peace officers and certain
reserve officers, as specified.  It additionally would provide for
submission of fingerprints to the FBI for purposes of a background
check with respect to repossessors, locksmiths, private
investigators, alarm company licensees, and employees thereof.  It
would authorize the regulatory entity to impose a fee for the
processing of fingerprint cards submitted by applicants, and the fees
would be deposited into various regulatory funds or accounts
therein, some of which are continuously appropriated.  The bill would
therefore make an appropriation.
   The bill would incorporate additional changes to Section 7506.5 of
the Business and Professions Code proposed by SB 378 to become
operative only if both bills amend that section and are enacted and
become effective on or before January 1, 2000, and this bill is
enacted after SB 378.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6980.18 of the Business and Professions Code is
amended to read:
   6980.18.  (a) Each individual applicant, each partner of a
partnership, and designated officers of a corporation shall submit
with the application one personal identification form provided by the
chief upon which shall appear a photograph taken within one year
immediately preceding the date of the filing of the application,
together with two legible sets of fingerprints, one set of which
shall be forwarded to the Federal Bureau of Investigation for
purposes of a background check, and a personal description of each
person, respectively.  Any photograph submitted by an applicant shall
measure 11/4 by 11/2 inches, with a face size no greater than 1 by
11/4 inches.  The identification form shall include residence
addresses and employment history for the previous five years.
   (b) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
  SEC. 2.  Section 6980.42 of the Business and Professions Code is
amended to read:
   6980.42.  (a) Within seven days after commencing employment, any
employee of a locksmith who is not currently registered with the
bureau and who is performing the services of a locksmith shall submit
to the bureau a completed application for registration, two
classifiable fingerprint cards, one set of which shall be forwarded
to the Federal Bureau of Investigation for purposes of a background
check, and the appropriate registration fee.  No application is
required to be submitted if the employee terminated employment within
seven days.  "Within seven days" means 168 hours from the time an
employee provides any service for which he or she shall be
compensated by a licensee.
   (b) Except as provided in subdivision (c), an employee of a
licensee may be assigned to work with a temporary registration card
issued by the licensee until the bureau issues a registration card or
denies the application for registration.  A temporary registration
card shall in no event be valid for more than 120 days.  However, the
director may extend the expiration date beyond the 120 days if there
is an abnormal delay in processing applications for locksmith
employees.  For purposes of this section, the 120-day period shall
commence on the date the applicant signs the application.
   (c) An employee who has been convicted of a crime prior to
applying for a position as a locksmith employee performing the
services of a locksmith shall not be issued a temporary registration
card and shall not be assigned to work as a locksmith until the
bureau issues a permanent registration card.  This subdivision shall
apply only if the applicant for registration has disclosed the
conviction to the bureau on his or her application form, or if the
fact of the conviction has come to the attention of the bureau
through official court or other governmental documents.
   (d) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
  SEC. 3.  Section 7503.1 of the Business and Professions Code is
amended to read:
   7503.1.  (a) Each individual applicant for examination and each
manager, partner of a partnership, and officer of a corporation shall
submit with the application, one personal identification form
provided by the chief upon which shall appear a photograph taken
within one year immediately preceding the date of the filing of the
application together with two legible sets of fingerprints, one set
of which shall be forwarded to the Federal Bureau of Investigation
for purposes of a background check, and a personal description of
each person respectively.
   (b) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
  SEC. 4.  Section 7506.5 of the Business and Professions Code is
amended to read:
   7506.5.  All information obtained on the application shall be
confidential pursuant to the Information Practices Act (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code) and shall not be released to the public except for
the registrant's full name, the employer's name and address, and the
registration number.  The application shall be verified and shall
include:
   (a) The full name, residence address, residence telephone number,
date and place of birth, and driver's license number of the applicant
or registrant.
   (b) A statement listing any and all names used by the applicant or
registrant, other than the name by which he or she is currently
known.  If the applicant or registrant has never used a name other
than his or her true name, this fact shall be set forth in the
statement.
   (c) The name and address of the employer and the date the
employment commenced.
   (d) The title of the position occupied by the applicant or
registrant and a description of his or her duties.
   (e) Two recent photographs of the applicant or registrant, of a
type prescribed by the chief, and two classifiable sets of his or her
fingerprints, one set of which shall be forwarded to the Federal
Bureau of Investigation for purposes of a background check.
   (f) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
  SEC. 4.5.  Section 7506.5 of the Business and Professions Code is
amended to read:
   7506.5.  All information obtained on the application shall be
confidential pursuant to the Information Practices Act (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3
of the Civil Code) and shall not be released to the public except for
the registrant's full name, the licensee's name and address, and the
registration number.  The application shall be verified and shall
include:
   (a) The full name, residence address, residence telephone number,
date and place of birth, and driver's license number of the applicant
or registrant.
   (b) A statement listing any and all names used by the applicant or
registrant, other than the name by which he or she is currently
known.  If the applicant or registrant has never used a name other
than his or her true name, this fact shall be set forth in the
statement.
   (c) The name and address of the licensee and the date the
employment or contract commenced.
   (d) The title of the position occupied by the applicant or
registrant and a description of his or her duties.
   (e) Two recent photographs of the applicant or registrant, of a
type prescribed by the chief, and two classifiable sets of his or her
fingerprints, one set of which shall be forwarded to the Federal
Bureau of Investigation for purposes of a background check.
   (f) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
  SEC. 5.  Section 7525.1 of the Business and Professions Code is
amended to read:
   7525.1.  An application shall be verified and shall include:
   (a) The full name and business address of the applicant.
   (b) The name under which the applicant intends to do business.
   (c) A statement as to the general nature of the business in which
the applicant intends to engage.
   (d) A verified statement of his or her experience qualifications.

   (e) (1) If the applicant is an individual, a qualified manager,
partner of a partnership or officer of a corporation designated in
subdivision (h), one personal identification form provided by the
bureau upon which shall appear a photograph taken within one year
immediately preceding the date of the filing of the application
together with two legible sets of fingerprints, one set of which
shall be forwarded to the Federal Bureau of Investigation for
purposes of a background check, on a form approved by the Department
of Justice, and a personal description of each person, respectively.
The identification form shall include residence addresses and
employment history for the previous five years and be signed under
penalty of perjury.
   (2) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
   (f) In addition, if the applicant for a license is an individual,
the application shall list all other names known as or used during
the past 10 years and shall state that the applicant is to be
personally and actively in charge of the business for which the
license is sought, or if any other qualified manager is to be
actively in charge of the business, the application shall be
subscribed, verified, and signed by the applicant, under penalty of
perjury, and if any other person is to be actively in charge of the
business, the application shall also be subscribed, verified, and
signed by that person under penalty of perjury.
   (g) If the applicants for license are copartners, the application
shall state the true names and addresses of all partners and the name
of the partner to be actively in charge of the business for which
the license is sought; and list all other names known as or used
during the past 10 years, or if a qualified manager other than a
partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of the
partners under penalty of perjury, and if any other person is to be
actively in charge of the business, the application shall also be
subscribed, verified, and signed by that  person, under penalty of
perjury, under penalty of perjury by all of the partners and
qualified manager, or by all of the partners or the qualified
manager.
   (h) If the applicant for license is a corporation, the application
shall state the true names, and complete residence addresses of the
chief executive officer, secretary, chief financial officer, and any
other corporate officer who will be active in the business to be
licensed.  The application shall also state the name and address of
the designated person to be actively in charge of the business for
which the license is sought.  The application shall be subscribed,
verified, and signed by a duly authorized officer of the applicant
and by the qualified manager thereof, under penalty of perjury.
   (i) Any other information, evidence, statements, or documents as
may be required by the director.
  SEC. 6.  Section 7582.7 of the Business and Professions Code is
amended to read:
   7582.7.  An application shall be verified and shall include:
   (a) The full name and business address of the applicant.
   (b) The name under which the applicant intends to do business.
   (c) A statement as to the general nature of the business in which
the applicant intends to engage.
   (d) A statement as to the type of license for which the applicant
is applying.
   (e) A verified statement of his or her experience qualifications.

   (f) (1) If the applicant is an individual, a qualified manager,
partner of a partnership, or officer of a corporation designated in
subdivision (i), one personal identification form provided by the
bureau upon which shall appear a photograph taken within one year
immediately preceding the date of the filing of the application
together with two legible sets of fingerprints,  one set of which
shall be forwarded to the Federal Bureau of Investigation for
purposes of a background check, on a form approved by the Department
of Justice, and a personal description of each person, respectively.
The identification form shall include residence addresses and
employment history for the previous five years and be signed under
penalty of perjury.
   (2) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
   (g) In addition, if the applicant for a license is an individual,
the application shall list all other names known as or used during
the past 10 years and shall state that the applicant is to be
personally and actively in charge of the business for which the
license is sought, or if any other qualified manager is to be
actively in charge of the business, the application shall be
subscribed, verified, and signed by the applicant, under penalty of
perjury, and if any other person is to be actively in charge of the
business, the application shall also be subscribed, verified, and
signed by that person under penalty of perjury.
   (h) If the applicants for license are copartners, the application
shall state the true names and addresses of all partners and the name
of the partner to be actively in charge of the business for which
the license is sought; and list all other names known as or used
during the past 10 years, or if a qualified manager other than a
partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of the
partners under penalty of perjury, and if any other person is to be
actively in charge of the business, the application shall also be
subscribed, verified, and signed by that person, under penalty of
perjury, under penalty of perjury by all of the partners and
qualified manager, or by all of the partners or the qualified
manager.
   (i) If the applicant for license is a corporation, the application
shall state the true names, and complete residence addresses of the
chief executive officer, secretary, chief financial officer, and any
other corporate officer who will be active in the business to be
licensed.  The application shall also state the name and address of
the designated person to be actively in charge of the business for
which the license is sought.  The application shall be subscribed,
verified, and signed by a duly authorized officer of the applicant
and by the qualified manager thereof, under penalty of perjury.
   (j) Any other information, evidence, statements, or documents as
may be required by the director.
  SEC. 7.  Section 7583.9 of the Business and Professions Code is
amended to read:
   7583.9.  (a) Upon accepting employment by a private patrol
operator, any employee who performs the function of a security guard
or security patrolperson who is not currently registered with the
bureau, shall complete an application for registration on a form as
prescribed by the director, and obtain two classifiable fingerprint
cards for submission to the Department of Justice.  The Department of
Justice shall forward one classifiable fingerprint card to the
Federal Bureau of Investigation for purposes of a background check.
The applicant shall submit the application and fingerprints along
with the appropriate registration fee to the bureau within three
business days.
   (b) If a private patrol operator pays the application fee on
behalf of the applicant, nothing in this section shall preclude the
private patrol operator from withholding the amount of the fee from
the applicant's compensation.
   (c) The licensee shall maintain supplies of applications and
fingerprint cards which shall be provided by the bureau upon request.

   (d) In lieu of classifiable fingerprint cards provided for in this
section, the bureau may authorize applicants to submit their
fingerprints into an electronic fingerprinting system administered by
the Department of Justice.  Applicants who submit their fingerprints
by electronic means shall have their fingerprints entered into the
system through a terminal operated by a law enforcement agency or
other facility authorized by the Department of Justice to conduct
electronic fingerprinting.  The enforcement agency responsible for
operating the terminal may charge a fee sufficient to reimburse it
for the costs incurred in providing this service.
   (e) Upon receipt of an applicant's electronic fingerprints as
provided in this section, the Department of Justice shall determine
whether the applicant has been convicted of any crime and forward the
information to the bureau.
   (f) The requirement of submission of fingerprint cards to the
Federal Bureau of Investigation shall not apply to currently
employed, full-time peace officers holding peace officer status under
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
the Penal Code, or to level I or level II reserve officers as
described in paragraphs (1) and (2) of subdivision (a) of Section
832.6 of the Penal Code.
   (g) In addition to the amount authorized pursuant to Section
7570.1, the bureau may impose an additional fee not to exceed three
dollars ($3) for processing classifiable fingerprint cards submitted
by applicants excluding those submitted into an electronic
fingerprint system using electronic fingerprint technology.
  SEC. 8.  Section 7593.1 of the Business and Professions Code is
amended to read:
   7593.1.  (a) Each individual applicant and each qualified manager,
partner of a partnership, and designated officers of a corporation
shall submit with the application, one personal identification form
provided by the chief upon which shall appear a photograph taken
within one year immediately preceding the date of the filing of the
application together with two legible sets of fingerprints, one set
of which shall be forwarded to the Federal Bureau of Investigation
for purposes of a background check, and personal description of each
such person, respectively.  The identification form shall include
residence addresses and employment history for the previous five
years.
   (b) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by applicants
excluding those submitted into an electronic fingerprint system
using electronic fingerprint technology.
  SEC. 9.  Section 7598.4 of the Business and Professions Code is
amended to read:
   7598.4.  (a) Within three working days after commencing
employment, any employee performing the function of alarm agent, who
is not currently registered with the bureau, shall submit to the
bureau a completed application for registration, two classifiable
fingerprint cards, one set of which shall be forwarded to the Federal
Bureau of Investigation for purposes of a background check, and the
appropriate registration fee.  All information obtained on the
application shall be confidential pursuant to the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code) and shall not be
released to the public except for the registrant's full name, the
employer's name and address, and the registration number.  Nothing in
this section shall preclude the release of information to the public
regarding the status of a registrant, or the release of information
to law enforcement agencies or other governmental agencies for other
authorized purposes.
   (b) No application is required to be submitted if the employee
terminated employment within the three working days.  "Within three
working days" means 72 hours from the time an employee is first
compensated for alarm agent services by a licensee.
   (c) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
  SEC. 10.  Section 4.5 of this bill incorporates amendments to
Section 7506.5 of the Business and Professions Code proposed by both
this bill and SB 378.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 7506.5 of the Business and Professions
Code, and (3) this bill is enacted after SB 378, in which case
Section 4 of this bill shall not become operative.
